Corcoran v. George Kellogg Structural Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Nunz, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 4th day of January, 1917, upon the decision of the court after a trial at an Equity Term adjudging that plaintiffs recover of the defendants, or either of them, their hen as attorneys upon a judgment entered in the action of George Nunz against George Kellogg Structural Company for $3,136.38, damages and costs,…
Read the full summary
Appeal by the defendant, George Nunz, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 4th day of January, 1917, upon the decision of the court after a trial at an Equity Term adjudging that plaintiffs recover of the defendants, or either of them, their hen as attorneys upon a judgment entered in the action of George Nunz against George Kellogg Structural Company for $3,136.38, damages and costs, entered in Erie county clerk’s office on the 25th day of February, 1914, and further adjudging that the amount of…
1Opinion of the Court
Foote, J.:
This appeal presents the question as to the right of the plaintiff in a personal injury case to discharge his attorneys and settle with the defendant and release the judgment pending an appeal by the defendant in disregard of the attorneys’ contract for a contingent fee of one-half the amount recovered *398or realized upon settlement. The judgment already recovered was for $3,000 damages. The settlement was for less than half that sum, and it has been held that notwithstanding the settlement the attorneys are still entitled to $1,500 and the taxable costs for their services, and their…
2Cases cited7 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Matter of KingNew York Court of Appeals · 1901
- Sargent v. . McLeodNew York Court of Appeals · 1913
- Andrewes v. . HaasNew York Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Matter of LevyNew York Court of Appeals · 1928
- Machcinski v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1921
- Greenberg v. Bar Steel Construction Corp.New York Court of Appeals · 1968
- Mrozinski v. MarinelloNew York Supreme Court · 1965
- In re the Estate of PollenNew York Surrogate's Court · 1925
3 more not listed; retrieve them via the Exa API.